Explanation
This Ordinance is submitted to settle the lawsuit known as John Buck, et al. v. City of Columbus, et al., Case No. 08CVC10-15243 in the Franklin County Court of Common Pleas, in the amount of One Million Thirteen Thousand Four Hundred Ninety and No/100 Dollars ($1,013,490.00). On October 25, 2006, the plaintiff suffered serious and permanent injury as a result of a collision between his vehicle and a vehicle driven by Robert Myers, an employee of the City of Columbus, Department of Public Utilities, Division of Sewerage and Drainage.
Fiscal Impact: Funds were not specifically budgeted for this settlement; however sufficient monies are available in the appropriate account to pay the amount this claim.
Title
To authorize and direct the City Attorney to settle the case known as John Buck, et al. v. City of Columbus, et al., in the Franklin County Court of Common Pleas, and to pay the settlement amount of One Million Thirteen Thousand Four Hundred Ninety and No/100 Dollars ($1,013,490.00) to the plaintiffs and associated agents as specified in Section 3 of this legislation, to authorize the appropriation and expenditure of the sum of One Million Thirteen Thousand Four Hundred Ninety and No/100 Dollars ($1,013,490.00) within the Sanitary Sewer Reserve Fund, and to declare an emergency.
Body
WHEREAS, on October 23, 2008 , the plaintiffs filed a lawsuit in the Franklin County Court of Common Pleas, Case No. 08CVC10-15243, against the City of Columbus and Robert Myers. The plaintiffs alleged that Robert Myers negligently caused a vehicle collision resulting in serious and permanent injury to plaintiff John Buck; and
WHEREAS, following the evaluation of plaintiffs' claims in the course of litigation, the parties reached an agreement to settle this matter. Due to the dispute of this claim and the risks and uncertainties associated with continued litigation and trial, the settlement amount was deemed acceptable by the City of Columbus, along with dismissal of the lawsuit with prejudice and a release of the City of Columbus and its employees from further liability; and
WHEREAS, by reason of the foregoing, and in order to avoid the possible payment of interest, an emergency exists in the usual daily operation of the City and for further preservation of the public health, peach, property, safety and welfare, now, therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS
Section 1. That the City Attorney be and hereby is authorized and directed to settle the lawsuit of John Buck, et al. v. City of Columbus, et al., Case No. 08CVC10-15243 in the Franklin County Court of Common Pleas, by the payment of $1,013,490.00 as a reasonable and fair amount in the best interests of the City of Columbus.
Section 2. That for the purposes of paying this settlement, there be and hereby is authorized to be appropriated and expended by the City of Columbus, Department of Public Utilities, Division of Sewerage and Drainage, Division Number 6005, Fund Number 654, OCA Code 655225, Object Level One 05, Object Level Three 5539, Amount $1,013,490.00.
Section 3. That the City Auditor be and is hereby authorized to draw warrants upon the City Treasurer upon receipt of a voucher and release approved by the City Attorney payable in the following manner:
$13,940.00 payable to Mularski, Bonham, Dittmer and Phillips, LLC;
$537,500.00 payable to Karen Weis, legal guardian of John A. Buck, and Adam R. Rinehart, legal guardian of Cassandra A. Buck, and Mularski, Bonham, Dittmer and Phillips, LLC;
$362,500.00 payable to Prudential Assigned Settlement Services Corporation; and
$100,000.00 payable to New York Life Insurance Company.
Section 4. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten day after passage if the Mayor neither approves nor vetoes the same.